A court in the District of Maryland again dismissed a declined qui tam action in which the relator, a bariatric surgeon, alleged that two medical device companies violated the AKS by providing surgeons with free advertising in exchange for physicians using the companies' LAP-BAND medical devices in bariatric surgeries. See United States ex rel. Fitzer v. Allergan, Inc., 17-cv-00668 (D. Md. Mar. 22, 2022). We reported on the court's prior dismissal of the relator's second amended complaint for failure adequately to plead a knowing and willful violation of the AKS here. Relator fared no better on his third attempt; as the court found, he failed to adequately plead presentment and causation.
In this latest complaint, the relator repeated his allegations that the defendants operated a website that provided free advertising and marketing to bariatric surgeons who used LAP-BANDs. Among other features, the website included a physician locator that directed patients to local bariatric surgeons who had the skills and training necessary to implant the device. Relator alleged that the physician locator "provided constant exposure and flow of business to the included surgeons," and actually functioned as a kickback scheme "by providing surgeons with valuable free advertising on [the website] in order to induce surgeons to recommend Defendants' . . . medical device instead of alternative operations." Relator alleged that physicians would only be listed on the website if they agreed to...
Turkish base fake news in Armenia For several days, a video has been circulating on social media claiming that Armenian Prime Minister Nikol Pashinyan allegedly signed a “secret agreement” with EU ...